Oliphant NO v Oliphant and Others (48/2017) [2018] ZANCHC 3 (16 January 2018)

Oliphant NO v Oliphant and Others (48/2017) [2018] ZANCHC 3 (16 January 2018)

The court held that the applicant, as an intestate heir, lacked locus standi to institute a rei vindicatio claim for the property forming part of the deceased estate. Only the executor of the estate has the legal capacity to liquidate, distribute, or reclaim estate assets. The applicant's amendment of her particulars of claim to act in her capacity as heir, rather than as representative of the Master, was to her detriment, as she failed to establish ownership or the necessary standing. The court further found that the claim, as pleaded, was for enforcement of a personal right and subject to prescription under the Prescription Act. There was no evidence that the estate had been wound up or...

Citation
[2018] ZANCHC 3
Parties
Applicant: Cecilia Kenewang Oliphant N.O.; Respondent: Lucas Oliphant; Respondent: David Oliphant; Respondent: The Master of the Northern Cape High Court, Kimberley; Respondent: The Registrar of Deeds, Kimberley
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
16 January 2018
Case Number
48/2017
Procedural Posture
Civil Action / Special Pleas of Prescription and Locus Standi Raised and Adjudicated
Outcome
Special pleas of prescription and lack of locus standi upheld with costs against the applicant.
Judges
Pakati
Legal Topics
Locus Standi, Rei Vindicatio, Intestate Succession, Prescription Act, Administration of Estates
Land and Property Civil Procedure Locus Standi Rei Vindicatio Intestate Succession Prescription Act Administration of Estates

Case Brief

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Parties

Cecilia Kenewang Oliphant N.O.

Applicant

Lucas Oliphant

Respondent

David Oliphant

Respondent

The Master of the Northern Cape High Court, Kimberley

Respondent

The Registrar of Deeds, Kimberley

Respondent

Procedural Posture

Civil Action / Special Pleas of Prescription and Locus Standi Raised and Adjudicated

Legal Issues

  1. 1 Whether the applicant, as an intestate heir, has locus standi to institute a rei vindicatio claim for the property forming part of the deceased estate.
  2. 2 Whether the applicant's claim is subject to prescription under the Prescription Act.
  3. 3 Whether the transfer of the property to the first respondent was unlawful and fraudulent.

Ratio Decidendi

The court held that the applicant, as an intestate heir, lacked locus standi to institute a rei vindicatio claim for the property forming part of the deceased estate. Only the executor of the estate has the legal capacity to liquidate, distribute, or reclaim estate assets. The applicant's amendment of her particulars of claim to act in her capacity as heir, rather than as representative of the Master, was to her detriment, as she failed to establish ownership or the necessary standing. The court further found that the claim, as pleaded, was for enforcement of a personal right and subject to prescription under the Prescription Act. There was no evidence that the estate had been wound up or...

Court Disposition

Special pleas of prescription and lack of locus standi upheld with costs against the applicant.

Orders

  • The special pleas of prescription and locus standi are upheld with costs.